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Applicant withdraws corrective-action filing S-25-65719 for Park Street; staff to issue new order
Summary
At the Sept. 9 Norwalk Conservation Commission and Inland Wetland Agency meeting, staff reported that the corrective-action application S-25-65719 for Park Street was withdrawn; staff said withdrawal does not satisfy the original enforcement order and that a new order and deadline are likely.
At the Sept. 9 meeting of the Norwalk Conservation Commission and Inland Wetland Agency, a staff member reported that the corrective-action application S-25-65719 for Park Street has been withdrawn by the applicant.
The staff member said the application remained incomplete and that the applicant had provided a 65-day extension to allow more time for either opening a public hearing or for the agency to make a decision. "This application remains incomplete. I emailed the applicant last week checking in on whether any new information had been submitted because you do have statutory timelines in which to make a decision," the staff member said. The staff member added that the additional 65 days would move the decision deadline to the commission's Oct. 14 meeting, and that the applicant notified staff earlier the day of the meeting that it was withdrawing the application.
The staff member warned that a withdrawal or a denial of a corrective-action application does not satisfy the underlying enforcement order that prompted the application. "So like any other corrective action application, a withdrawal or a denial of a permit application does not meet the directives of the initial order that prompted them to make the application in the first place," the staff member said, and added that staff would likely issue another order with a firm deadline for submitting a complete application.
No formal motion or vote by the commission was recorded on the Park Street filing at the Sept. 9 meeting; the commission was informed of the withdrawal and staff indicated next steps.
Why it matters: The withdrawal pauses the agency's decision on the corrective-action filing but, according to staff, does not resolve the enforcement matter that led to the filing; the agency may return with a new order and a new deadline for compliance or a complete application.
Background and procedure: Under the statutory timelines described at the meeting, the agency initially has 65 days from the date of receipt of an application to open a public hearing or make a decision. An applicant may provide a further 65-day extension, which in this case extended the deadline to the commission's Oct. 14 meeting. The staff member said the applicant used that extension before withdrawing the application.
Next steps: Staff said it will determine the most appropriate next step and will keep the commission informed. The staff member said that will probably involve issuing another order with a firm deadline for the applicant to submit a complete application.
